The Working for Workers Five Act, 2024 (Bill 190) received Royal Assent on October 28, 2024. The bill makes changes to the Occupational Health and Safety Act (OHSA), the Employment Standards Act and the Workplace Safety and Insurance Act.

“Most of the bill’s changes to the OHSA are now in force and in effect,” says WSPS Health and Safety Consultant Kristin Onorato. “If employers have not yet taken steps to get into compliance, they need to do so quickly.”

Employers may be asked to show proof of compliance if an inspector from the Ministry of Labour, Immigration, Training and Skills Development (MLITSD) visits the workplace. An inspector may stop by your workplace for a variety of reasons: as part of an inspection initiative, to investigate a worker’s complaint, or just because they’re in the neighborhood. “The inspector may ask you to provide policies and procedures, training records, records of joint health and safety committee meetings, harassment complaint investigations, and more,” advises Kristin.

What inspectors will look for

Bill 190 includes four key amendments to the OHSA that impact employers’ policies and procedures. The first three are in effect now. Here’s what you need to know to get into compliance, and what inspectors will be checking.

In effect

1. The definition of harassment now includes protection against virtual harassment and virtual sexual harassment. “To get into compliance, employers must update their current policies and procedures dealing with workplace violence and harassment to include any virtual platform, such as Teams, Zoom, or Google Meet, as well as social media, including email, Facebook, Linkedin, X, etc,” says Kristin.

“Refresher training should also be provided to workers, managers and supervisors on how to respond to virtual harassment, so everyone knows their role.” As an added layer of protection, advise everyone not to share personal social media information with customers, vendors, students, etc.

MLITSD inspectors will ask to see documentation related to your policies and training records, and may also ask to see records of harassment complaints. “Companies will need to update all policies and programs, as well as training related to harassment to include the new definition. The change could also potentially alter the way companies deal with and investigate harassment at work.”

2. Virtual posting of required documents is now permitted. Under OHSA, employers are required to post the following documents in the workplace (either in a physical location or virtually) for the benefit of workers:

• A copy of the OHSA
• Health and Safety at Work – Prevention Starts Here MLITSD poster.
• Workplace health and safety policy
• Workplace violence and harassment policy
• Names and work locations of joint health and safety (JHSC) members
• Orders from an MLITSD inspector and notice of compliance to an MLITSD order (if applicable)
• Results of monitoring of airborne concentrations of a designated substance and worker exposure to airborne concentrations of a designated substance (if applicable)

“Employers that choose to post these documents on a digital platform must ensure workers have easy access to a computer, and that the virtual platform is easy to find and use,” says Kristin. “Remember to train workers on all shifts and in all locations.” Inspectors will check for all these things and may ask to view the digital platform and training records, or speak with workers about their knowledge.

3. Joint health and safety committee (JHSC) meetings can now be held virtually instead of in person. “The meetings must still be carried out according to the requirements in OHSA (Part 2, section 9), which also spells out roles and responsibilities,” says Kristin. “An inspector will ensure that all committee members have a chance to participate in the virtual meeting, have the resources and support they need to attend the meetings, and that meetings are documented.”

Not in effect

4. Employers are required to maintain clean and sanitary washroom facilities for workers and keep records of the cleanings as prescribed. “While Bill 190 includes this amendment, it is not yet in force or in effect,” notes Kristin. “It will be proclaimed at a later date, and may also include new regulations.”

To get ready for the changes, employers can take the proactive step of developing a cleaning schedule and system of documentation, which can be adjusted as required when the legislation takes effect.

How WSPS can help

Training

• Health & Safety for Managers & Supervisors (7 hours, eCourse)
• Health & Safety Awareness Training (OHSA) – Ontario Workers (1 hour, eCourse)
• Safety Health & the Law (1 day, Online Instructor-Led Training)
• Supervisor Health and Safety Training (1 hour, eCourse)
• Supervisor Responsibilities & Due Diligence (3-4 hours, eCourse)

Checklists

• What to post: workplaces with 1-5 employees
• What to post: workplaces with 6-19 employees
• What to post: workplaces with 20-49 employees
• OHSA Requirements Checklist for Workplaces with 50+ Employees – Ontario

Other resources

• Employee Violence Risk Assessment Questionnaire 
• Harassment Policy 
• Violence & Harassment policy
• Violence & Harassment Reporting Form
• Violence & Harassment Reporting Procedure 
• Workplace Harassment: Employer To Do List 
• Workplace Harassment Investigations in Small Business: Tips for Employers 
• Workplace Violence Hazards Inspection Form 
• Workplace Violence Policy

The information in this article is accurate as of its publication date.